Gypsum Board Testing and Micro-Characterisation Laboratories Inaugurated (See 'Corp Brief') Govt notifies Colliery Control (Amendment) Rules, 2025 (See 'Corp Brief') NIFTEM-K signs MoU with Ministry of Minority Affairs to implement PM Vikas Scheme (See 'Corp Brief') CSIR Labs driving Atmanirbhar Bharat through indigenous technologies: MoS (See 'Corp Brief') India now sets Global Benchmarks in Space, Defence, and Innovation: MoS (See 'Corp Brief') Mandaviya to inaugurate EPFO Regional Office in Vatva, Gujarat (See 'Corp Brief') Scindia participates in Meeting over Agriculture & Horticulture Value Chains (See 'Corp Brief') IBC - Paramount consideration should be interest of homebuyers who are entitled to allotment and possession of completed units: HC (See 'Legal Desk') National Test House and DoP sign MoU to enable Nationwide Sample Collection and Testing (See 'Corp Brief') IPR - If marks/trade dress of parties, are similar, and areas of operation/business are same, and target consumers are also similar, there is complete likelihood that deception and confusion will occur with consumers: HC (See 'Legal Desk') CCI okays Asia II Topcoto to acquire certain warrants of Federal Bank (See 'Corp Brief') CCI permits Tata Steel to take control of Tata BlueScope Steel (See 'Corp Brief') A&C - Developer's failure to establish escrow account and its prolonged delay in project completion demonstrated financial indiscipline: HC (See 'Legal Desk') Citizen Service & Revenue sustainability must go Hand in Hand: MoS (See 'Corp Brief') A&C - DMRC is not in violation of obligations under Concession Agreement, if DMRC had co-operated with PDL and sub-licensee and non-completion of project was because of failure of PDL: HC (See 'Legal Desk') SAIL recognised with 8 Prestigious PRSI National Awards for Communication Excellence (See 'Corp Brief') LoI signed to establish Centre of Excellence for CRISPR Innovation and Translation (See 'Corp Brief') Sonowal calls for integration of Modern Education and Spiritual Values (See 'Corp Brief') PMLA - Provisional attachments under Section 5 of PMLA can be initiated without chargesheet under Section 173 of CrPC, based on sufficient material: HC (See 'Legal Desk') Chouhan meets Rozgar Sahayaks (See 'Corp Brief') DRDO & RRU ink MoU to foster collaboration in research, education & training (See 'Corp Brief') IPR - By mapping claims of suit patent against each element of defendants' product, plaintiffs have established strong prima facie case demonstrating infringement of suit patent: HC (See 'Legal Desk') EVs driving India's Next Growth Story: MoS (See 'Corp Brief') Meditation is scientific tool for stress management and neuroplasticity: Experts (See 'Corp Brief') Misc - Directors of company under winding up are statutorily bound under Section 454 of Companies Act, to make full and accurate disclosure of assets: HC (See 'Legal Desk') Mandaviya leads 1st Anniversary Celebrations of Fit India Sundays on Cycle in Puducherry (See 'Corp Brief') MoHUA launches 10th Swachh Survekshan (See 'Corp Brief') Misc - Once CIRP is initiated, all claims against corporate debtor must be routed through insolvency process: HC (See 'Legal Desk') Centre releases grants of Rs 94 Crores for PRIs in Uttarakhand (See 'Corp Brief') New Logo for RRBs signifying single and unified brand identity unveiled (See 'Corp Brief') PMVBRY aims to incentivise creation of over 3.5 crore jobs over 2 years (See 'Corp Brief') IPR - Pharmaceutical guidelines illustrate that if combination of two prior art documents fails to provide result as claimed in invention in question, then teaching of prior art documents is considered to be teaching away: HC (See 'Legal Desk') Ministry of Parliamentary Affairs transforming functioning into paperless ecosystem (See 'Corp Brief') Scindia chairs review meeting on Matabari Tourism Circuit Development in Tripura (See 'Corp Brief') IPR - If Novartis had consciously waived its right to cross-examination by electing to file rebuttal evidence, there are no valid grounds to challenge Controller's order: HC (See 'Legal Desk') WHO Global Summit on Traditional Medicine Commences in New Delhi (See 'Corp Brief') MoS delivers national statement at UN on outcomes of World Summit on the Information Society (See 'Corp Brief') PM MITRA Parks anchored in 5F vision generating huge investment interest (See 'Corp Brief') IPR - While assessing 'prior art', mere similarity is insufficient and visual distinction matters, and for prior art to invalidate design, it must be clearly established and comparable in relevant features: HC (See 'Legal Desk')

CCI imposes penalty on maritime transport companies

Published: Jan 24, 2022

By TIOLCorplaws News Service

NEW DELHI, JAN 24, 2022: THE  Competition Commission of India ('CCI') passed a final order against four maritime transport companies namely Nippon Yusen Kabushiki Kaisha ('NYK Line'), Kawasaki Kisen Kaisha Ltd. ('K-Line'), Mitsui O.S.K. Lines Ltd. ('MOL') and Nissan Motor Car Carrier Company ('NMCC') for indulging in cartelisation in the provision of maritime motor vehicle transport services to automobile Original Equipment Manufacturers (OEMs) for various trade routes. Amongst these four companies, NYK Line, MOL and NMCC were lesser penalty applicants before CCI.  

The evaluation of available evidence revealed that there was an agreement between NYK Line, K-Line, MOL and NMCC with the objective of enforcement of “Respect Rule”, which implied avoiding competition with each other and protecting the business of incumbent carrier with the respective OEM. To achieve the said objective, the maritime transport companies resorted to multi-lateral as well as bilateral contacts/ meetings/ e-mails with each other to share commercially sensitive information which, inter alia, included freight rates. They also aimed to preserve their position in the market and maintain or increase prices, including by resisting requests for price reduction from certain OEMs. 

Accordingly, based on a cumulative assessment of the evidence, the Commission held all the four opposite parties, i.e., NYK Line, K-Line, MOL and NMCC, guilty of contravention of the provisions of Section 3 of the Competition Act, 2002 (the Act), which prohibits anti-competitive agreements including cartels, from 2009 to 2012. Further, 14 individuals of NYK Line, 10 individuals of K-Line, 6 individuals of MOL and 3 individuals of NMCC, were also held liable for the anti-competitive conduct of their respective companies, in terms of the provisions of Section 48 of the Act. 

As three companies filed lesser penalty applications, the Commission gave benefit of reduction in penalty by 100% to NYK Line and its individuals, 50% to MOL and its individuals and 30% to NMCC and its individuals. Accordingly, the Commission directed K-Line, MOL and NMCC to pay penalties to the tune of approx. INR 24.23 crores, INR 10.12 crores and INR 28.69 crores respectively, besides passing a cease-and-desist order.

TIOL CORP SEARCH

TIOL GROUP WEBSITES